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(영문) 부산지방법원 2018.01.19 2017고단4786
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On August 22, 2017, at around 22:50, the Defendant: (a) called “D’s singing shop” located in Busan High-gu Busan High-gu C (hereinafter “instant main shop”); (b) however, the Defendant, even before the instant main shop, was unable to perform his/her duties under the influence of alcohol at the said main shop; (c) was deprived of the Defendant, by taking the Defendant’s fluor, who was the victim E-owned at the place where he/she had no employee alcoholic beverage; and (d) fluor, who was the owner of the business.

2. On the first day of this case, the Defendant damaged the property by making the victim E-owned wind (the market value equivalent to KRW 70,000), which was located in the instant main point, as the employees do not know the safety of the goods at the instant main point, as well as by making the victim E-owned wind (the market value equivalent to KRW 70,00) away from the protection net (the “muff”).

3. At the first time, the Defendant obstructed the victim E’s main business by force for a period of three hours, including: (a) the Defendant saw that he will sit and drink in the three main points of the instant case; (b) the knicker will come to the future and his employees; and (c) another customer will come to the knicker, and (d) the knicker’s knicker’s knicker’s knicker’s knicker’s knicker’s knicker’s knicker’s knicker’s drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to E;

1. Application of the Acts and subordinate statutes of each photograph/cinematographic output, and damaged receipt;

1. Relevant Article 314(1) of the Criminal Act concerning the crime and Article 329 of the Criminal Act concerning the choice of punishment ( Imprisonment) Article 366 of the Criminal Act;

1. Crimes 2 (Larceny) in the basic sphere (from June to January 6) (the scope of recommending punishment / [the scope of recommending punishment] in the basic area (from June to June) of Article 37 of the Criminal Act, Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 1 of the Reasons for Sentencing [the scope of recommending punishment] of the Act on the Aggravated Punishment of Concurrent Crimes, Article 3 of the Act on the Aggravated Punishment of Crimes ( from June to June) in the basic area (the scope of recommending punishment / [the scope of recommending punishment ] of Article 2 of the Act on the Aggravated Punishment of General ] (Article 38(1)2 and Article 50.

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